DETAILED ACTION
Non Final
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/29/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The following Claims recite limitations which have insufficient antecedent basis. The Claims and respective limitations include the following: Claim 1, "the second accommodation part" in line 14; Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 and 2 is/are rejected (as indefinitely understood) under 35 U.S.C. 102 (a)(1)/(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Ozawa (US 6719270.)
Ozawa discloses in claim 1: (see at least annotated figure 3 below)
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A fluid transferring connector (figure 3) comprising: a plug (at 12 side) configured to be attached to an end of a first pipe (22), a fluid is allowed to flow through the first pipe; and a socket (at 11 side, Comment: Ozawa calls out 13 as a plug and 12/15 as a connecting portion and female plug portion, but considering that the application plug 100 is movably actuated by the actuator motion mechanism 253/254 and Ozawa’s female plug portion is also moved the same via 50/49, the terminology as applied below is consistent with the operation of the device as reasonably broadly claimed and so is…) configured to be connected to a second pipe (60), the plug being inserted into the socket (axially reciprocally via pneumatic control per via supply/exhaust ports of 50 and 49, per Col 5 ln 25-49), and a fluid flowing in from the first pipe is allowed to flow out to the second pipe, wherein the plug includes a first valve part (at 20), and a cylindrical first accommodation part (18/19a) that accommodates the first valve part to be movable along a first axis (18/19a move together when engaged), wherein the socket includes a second valve part (at 1002), a cylindrical second accommodation part (at 1004) that accommodates the second valve part to be movable along a second axis (1002 moves along the central axis thereof), a first support part (at 1006) that supports the second accommodation part in a state where the second accommodation part is fixed with respect to an installation face (at 1008), a plug insertion part (42/19/26/27) formed cylindrically so as to surround the second accommodation part(18/19a), the plug being inserted into the plug insertion part, a motion mechanism (at 1010) configured to move the plug insertion part (reciprocally) along the second axis toward or away (as seen at 1012) from the second accommodation part to perform switching between an open state where the first valve part and the second valve part (at 40) are in contact with each other and a closed state where the first valve part and the second valve part are not in contact with each other, and a second support part (at 1014) that supports the weight (via bearing at 1016 and support at 1018) of the plug insertion part at a predetermined position on the second axis of the plug insertion part (at the end at 26), and wherein the plug insertion part includes a lock mechanism (1020 is a screw/bolt that fixes in a locked position the plug insertion part to that of the plug…) configured to fix the plug so that the plug is not moved along the second axis with respect to the plug insertion part (i.e. they are movably and fixable secured to one another for unitary translation.)
If it could be persuasively argued at some future unforeseen date that Ozawa plug insert part does not explicitly disclose: a lever lock mechanism; Considering that the Ozawa socket teaches: a lever lock mechanism (52/56 figures 4 and 5, that engage a locking groove 68 on the accommodation part 1004 as seen in figure 6 at 61 (peripheral plug portion), all provided for example the purpose of inserting the valve and fixing for operation);
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide in lieu of the fixed screw bolt locking mechanism of the Ozawa plug insert, to provide at that end as taught in at the Ozawa socket, a lever lock mechanism as taught by Ozawa figurers 4-6 as discussed, that can engage a locking groove on the first accommodation part as taught by Ozawa’s figure 6 peripheral plug portion engagement of the lever lock mechanism, all provided for the purpose of for example, inserting the valve and fixing for quick disconnect removable operation.
Ozawa discloses (or as modified for the reasons discussed above) in claim 2: The fluid transferring connector according to claim 1, wherein the motion mechanism is configured to move the plug insertion part along the second axis toward or away from the second accommodation part by a pressure generated by a compressed gas (as discussed (Col 5 ln 38 - 45.)
Allowable Subject Matter
Claim 3 is would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Dependent claim 4 depends from claim 3 including all of the limitations of the parent claim.
The following is a statement of reasons for the indication of allowable subject matter: the prior art fails to disclose or render obvious “the second support part includes at least one support shaft fixed to the installation face and arranged along a third axis parallel to the second axis, and wherein the plug insertion part includes at least one insertion hole extending along the third axis, the support shaft being inserted into the insertion hole” in combination with the other limitations set forth above.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W JELLETT, whose telephone number is 571-270-7497. The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Ken Rinehart can be reached at (571)-272-4881, or Craig Schneider can be reached at (571) 272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Matthew W Jellett/Primary Examiner, Art Unit 3753